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DV 2018 AOS Only

Mooonlight said:
Hello again :)

@Sm1smom, My husband just received a job offer from a big company which is in home country. Since his master hearing is scheduled in 2019 and my husband wants to leave the US asap, his lawyer is suggesting Voluntary departure which does not have a bar to seeking admission at a port-of-entry at any time. So now it makes me wonder: does it mean that voluntary departure also would give him a chance to apply for Consular processing by September 30th deadline? Since he is going back to home country for a new job I would like him to apply for GC if there is still a chance and come back to me:( and also who knows how things will go with this new job... Maybe @Britsimon would have any idea as an expert in CP?
P.S.: my husband asked his lawyer, but it seems like his lawyer doesn't know much about DV lottery, because he kept saying something about I-130
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I find this confusing. He wants to leave for a job in another country but get a green card within the next 6 months?
(I don’t know anything about the legal parts of it...but the intentions as stated above seem contradictory. If he wants to leave the country to get a green card through FTJ why doesn’t he just do so? Why accept a job that he intends leaving before he starts it?)
 
Mooonlight said:
Hello again :)

@Sm1smom, My husband just received a job offer from a big company which is in home country. Since his master hearing is scheduled in 2019 and my husband wants to leave the US asap, his lawyer is suggesting Voluntary departure which does not have a bar to seeking admission at a port-of-entry at any time. So now it makes me wonder: does it mean that voluntary departure also would give him a chance to apply for Consular processing by September 30th deadline? Since he is going back to home country for a new job I would like him to apply for GC if there is still a chance and come back to me:( and also who knows how things will go with this new job... Maybe @Britsimon would have any idea as an expert in CP?
P.S.: my husband asked his lawyer, but it seems like his lawyer doesn't know much about DV lottery, because he kept saying something about I-130
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I typically do not get into issues that are none DV related, but I will make a slight exception in this case. Either your lawyer isn’t being quite upfront with you guys or you misunderstood him. Once your husband leaves the US, while his master hearing is still pending, he triggers a 3 to 10 year ban (depending on how long he’s deemed to have accrued an unlawful presence). A voluntary departure does not automatically make it possible to apply for a NIV from outside the US, it however makes it possible to apply for a waiver before he can get a NIV from outside the US. Voluntary departure does not make an accrued unlawful presence automatically disappear.

So forget about the possibility of him getting a GC as your DV derivative, there’s no chance of that happening before the end of your applicable FY. Your husband will have to attend an interview and be found inadmissible before you can file the applicable waiver. Which is why your lawyer was talking about an I-130 - family sponsorship is the way forward for your husband, and it is not a DIY in his case.

And I hope you guys are aware you will further complicate things if your husband leaves the US before his master hearing and he’s unable to return for the court hearing. No embassy will issue any kind of visa even for the purpose of attending a court hearing if he’s under an admissibility bar.
 
Sm1smom said:
I typically do not get into issues that are none DV related, but I will make a slight exception in this case. Either your lawyer isn’t being quite upfront with you guys or you misunderstood him. Once your husband leaves the US, while his master hearing is still pending, he triggers a 3 to 10 year ban (depending on how long he’s deemed to have accrued an unlawful presence). A voluntary departure does not automatically make it possible to apply for a NIV from outside the US, it however makes it possible to apply for a waiver before he can get a NIV from outside the US. Voluntary departure does not make an accrued unlawful presence automatically disappear.

So forget about the possibility of him getting a GC as your DV derivative, there’s no chance of that happen before the end of your applicable FY. Your husband will have to attend an interview and be found inadmissible before you can file the applicable waiver. Which is why your lawyer was talking about an I-130 - family sponsorship is the way forward for your husband, and it is not a DIY in his case.

And I hope you guys are aware you will further complicate things if your husband leaves the US before his master hearing and he’s unable to return for the court hearing. No embassy will issue any kind of visa even for the purpose of attending a court hearing if he’s under an admissibility bar.
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I guess we misunderstood him or maybe it's just my brain that didn't want to accept the facts I didn't like. Thank you, Mom! I guess my husband needs to make a decision based on all possible outcomes.
 
Hi Mom,

My wife is the dv winner and she filed change of status(i539) last year May change from H1 to F2. Till today she still waiting for the i797&i94 (approval letter for COS from H1 to F2), it looks like her case center-VSC still processing cases before May '17 . The only i797 she had is the receipt number that one mentioned USCIS got her case, which delivered to her last May. Now we are preparing AOS package. We are wondering can we file the AOS package with the I797 she had currently? Or we need to wait till she got the i797 approval for her COS, and include this i797? It's been almost 10 months waiting... Thank you.
 
Mxmlittle said:
Hi Mom,

My wife is the dv winner and she filed change of status(i539) last year May change from H1 to F2. Till today she still waiting for the i797&i94 (approval letter for COS from H1 to F2), it looks like her case center-VSC still processing cases before May '17 . The only i797 she had is the receipt number that one mentioned USCIS got her case, which delivered to her last May. Now we are preparing AOS package. We are wondering can we file the AOS package with the I797 she had currently? Or we need to wait till she got the i797 approval for her COS, and include this i797? It's been almost 10 months waiting... Thank you.
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File with whatever you currently have on hand.
 
Sm1smom said:
So forget about the possibility of him getting a GC as your DV derivative, there’s no chance of that happening before the end of your applicable FY. Your husband will have to attend an interview and be found inadmissible before you can file the applicable waiver. Which is why your lawyer was talking about an I-130 - family sponsorship is the way forward for your husband, and it is not a DIY in his case.
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Mooonlight said:
or maybe it's just my brain that didn't want to accept the facts I didn't like.
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My husband says: "it's exactly what the lawyer told us. You just trust Mom more than anyone else!" - which is absolutely true!:p and thank you again for making an exception for me !:)
 
Hi Mom,

Hope you are doing good.
I got the notification that my case was received via email and SMS. When I check my case status online it only mentions the I-765 application and not the I-485 or the I-131 that I have co-filed.
The email suggests to wait for the I-797 before checking the case status, thus I hope that this is this normal.

Thank you.
 
Dr. Europe said:
Hi Mom,

Hope you are doing good.
I got the notification that my case was received via email and SMS. When I check my case status online it only mentions the I-765 application and not the I-485 or the I-131 that I have co-filed.
The email suggests to wait for the I-797 before checking the case status, thus I hope that this is this normal.

Thank you.
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I also got a notification just a few seconds ago. USCIS had a maintenance today (from 9pm till 12am EST). That may explain why we got those notification so late at night. I'd give them some time to empty the mailing queue...
 
Xarthisius said:
I also got a notification just a few seconds ago. USCIS had a maintenance today (from 9pm till 12am EST). That may explain why we got those notification so late at night. I'd give them some time to empty the mailing queue...
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As soon as I finished typing that, I got 2nd notification. I assume that's for my wife's i485.
 
Xarthisius said:
I also got a notification just a few seconds ago. USCIS had a maintenance today (from 9pm till 12am EST). That may explain why we got those notification so late at night. I'd give them some time to empty the mailing queue...
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Hi Xarthisius,

Thanks for your answer. Same goes for me. Got one more identical notification for the I-131 and "fingerprint fee was received" (had 2 separate checks in the package) for the I-485. I guess we should be fine.
 
Xarthisius said:
I also got a notification just a few seconds ago. USCIS had a maintenance today (from 9pm till 12am EST). That may explain why we got those notification so late at night. I'd give them some time to empty the mailing queue...
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I wonder if that will unblock the CP 2NLs as well. I hope so - people are driving me nuts about the missing 2NLs.
 
Xarthisius said:
@Sm1smom that poses a question: which timezone does AOS Timelines use? I still have 32min till midnight here :p
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I honestly don’t know. I think that part of the process is automated, I’m guessing they use AI - I have received NOA text/email notifications around 2am in California which uses PST.
 
Yosef said:
Hello. IS the fee for I-485 1140$? And do I have to submit financial evidence? Thank you
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1. Yes, I-458: $1140 + Biometrics: $85 = $1225

2. Highly recommended.

I suggest you go through the AOS process spreadsheet to help you better understand and prepare for the process.
 
Hello every one!

I have a question regarding the translation of high school diploma and birth certificate. I want to know if I need to send the original document of translation or the photocopy is enough.

Thanks
 
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